Federal Court of Australia
FEDERAL COURT OF AUSTRALIA S331 of 2003 v Refugee Review Tribunal [2005] FCA 1604 APPLICANT S331 OF 2003 v REFUGEE REVIEW TRIBUNAL & ORS NSD 2440 OF 2003 EMMETT J SYDNEY 9 NOVEMBER 2005
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2440 OF 2003
BETWEEN: APPLICANT S331 OF 2003
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT
COMMONWEALTH OF AUSTRALIA
THIRD RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 9 NOVEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Order 51A rule 5(1) not apply to the proceeding. 2. The application for orders nisi be refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2440 OF 2003
BETWEEN: APPLICANT S331 OF 2003
APPLICANT
AND: REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
SECOND RESPONDENT
COMMONWEALTH OF AUSTRALIA
THIRD RESPONDENT
JUDGE: EMMETT J
DATE: 9 NOVEMBER 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant is a citizen of Pakistan. On 1 November 1995, the applicant lodged an application for a protection visa under the Migration Act 1958 (Cth) ('the Act'). On 8 May 1997, a delegate of the Minister for Immigration and Multicultural Affairs ('the Minister') refused the application. On 11 June 1997, the applicant applied to the Refugee Review Tribunal ('the Tribunal') for review of the delegate's decision. On 9 April 1998, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa. 2 The applicant commenced a proceeding in the High Court of Australia by filing a draft order nisi on 19 June 2003, together with an affidavit sworn on 18 June 2003. Accordingly, the application seeks an order by the High Court that would require the respondents to show cause why writs of prohibition, certiorari, mandamus or an injunction should not issue to them in respect of the Tribunal's decision. 3 The affidavit filed on 19 June 2003 was sworn by the applicant's solicitor. The solicitor has since filed a 'Notice of Withdrawal of Solicitor'. The affidavit states that:
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